212 FORESTRY IN SWITZERLAND. 



IV. — Concerning forest privilegesS' 

 A. — General re 



69. The owner of a privilege is required in availing himself thereof to conform to the 

 forest police regulations as contained in the present law. In case such privilege is hereby 

 limited in its character or extent, he must come to an understanding with the owner of the 

 forest in regard thereto. 



70. Such privileges shall not embarrass the owner of ^ forest in the proper cultivation 

 thereof, nor in making such changes in the kind of wood grown therein, or in the management 

 thereof, as the nature of the soil and climate may require. The continuance of privileges 

 prejudicial to culture must be abated up to such time as they can be advantageously disposed 

 of. In such cases the owner of the privilege may raise a claim for damages only where the 

 need of abatement is brought about by a non-continuance, of cultivation on the forest owner's 

 part. Where changes become necessary in the kind of wood grown, or in the manner of 

 growing it, and in consequence thereof privileges cannot be exercised in the same manner 

 as formerly indemnification shall be made, so far as circumstances permit, by transfer of an 

 equivalent, and previously existing privilege in some other forest, or in money. 



71. The forest owner, as well as the owner of ^ privilege, is directed to demand the con- 

 version of undefined forest privileges into those that are defined. 



72. All burdensome privileges in forests are subject to cancellation by the forest owner. 



73. Recovery shall be made either in a money payment equal to twenty times the value of 

 an average net profit calculated on the basis of the last twenty-five years, or by making over 

 such part of the forest itself as is equivalent in value to such privileges, calculated on the 

 basis of a twenty-five years' average. But if it be shown that in single years during such 

 period the yield of profit has, through any unusual causes, increased or diminished, such years 

 shall be dropped from the twenty-five embraced in the calculations and replaced by an equiv- 

 alent number of years next previous. The forest owner has choice as to the manner of recovery, 

 excepting in cases provided in the " Law Book of Private Rights." But under all circum- 

 stances, and of course in the case provided for in this exception, a settlement by transfer of 

 woodland can only take place when the portion remaining in the owner's possession, as well 

 as the portion to be transferred, admits of a separate and regular cultivation. Only in very 

 extreme cases can the government council consent to an exceptional deviation from this rule 

 concerning settlement by transfers of woodland. Where forests are partitioned off in conse- 

 quence of separation, or cantonal, township, or corporation distributions, the portions of 

 woodland falling to each party concerned remain subject to the provisions of the law applica- 

 ble to cantonal, township, and corporation forests. Where recovery is made in money, and 

 the privilege disposed of is mortgaged before a notary, proceedure in regard to the price of 

 sale must be had in accordance with the provision of the " Law for the Transfer of Private 

 Rights." 



74. In any cases not herein provided for the exercise of privileges must conform to the 

 requirements of the ensuing paragraphs, when no modification is agreed upon by contract, 

 usage, or other title of right between the parties interested. 



B. — Concerning individual privileges. 



THE RIGHT TO FELL WOOD. 



75. Timber right covers only such wood as the party possessing said right needs within two 

 years, at furthest, from the day of felling for use, conformably to the conditions thereof. 



76. The right to branches includes only those of felled trunks ; the right to upper wood, 

 on the other hand, includes the entire crowns of the tree, the branches, and trunk from the 

 beginning of the crown. The chopping off of green or withered boughs from standing trees 

 up to a certain height and thickness can, consequently, only take place when it is expressly so 

 stipulated in the title. 



